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TX. ALCOHOLIC BEVERAGE v. SILVER CITY CLUB

No. 05-09-00422-CV.

315 S.W.3d 643 (2010)

TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellant, v. SILVER CITY CLUB, A Private Membership Club, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled July 28, 2010.

Attorney(s) appearing for the Case

James C. Ho, Solicitor General, Beth Klusmann, Assistant Solicitor General, Office of the Attorney General, Austin, TX, for Appellant.

Roger Albright, Law Offices of Roger Albright, Dallas, TX, J. Michael Murray, Berkman, Gordon, Murray & DeVan, Raymond V. Vasvari, Cleveland, OH, for Appellee.

Before Justices RICHTER, LANG-MIERS, and MYERS.

OPINION

Opinion By Justice MYERS.

The Texas Alcoholic Beverage Commission appeals the trial court's judgment declaring section 32.03(k) of the Texas Alcoholic Beverage Code void for violating article III, section 35(a) of the Texas Constitution and reversing the Commission's order refusing to renew Silver City Club's permit to serve alcohol. The Commission brings one issue asserting the trial court erred in determining section 32.03(k)'s enactment violated...

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